Bolton School v Evans [2006] EWCA Civ 710 (09 May 2006)

Bolton School v Evans [2006] EWCA Civ 710 (09 May 2006)

Permission to appeal is granted because there is a real prospect of success on the issue of whether the disciplinary action was for making a protected disclosure or for independent misconduct, which is of general public importance for the operation of whistleblower protections.

Citation
[2006] EWCA Civ 710
Parties
Claimant/respondent: Bolton School; Defendant/appellant: Evans
Jurisdiction
England and Wales
Judgment Date
09 May 2006
Procedural Posture
Employment Appeal / Application for Permission to Appeal to Court of Appeal
Outcome
permission to appeal granted
Legal Topics
Protected Disclosure, Constructive Dismissal, Whistleblowing, Data Security, Employee Detriment
Employment Law Data Protection Protected Disclosure Constructive Dismissal Whistleblowing Data Security Employee Detriment

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Parties

Bolton School

Claimant/respondent

Evans

Defendant/appellant

Procedural Posture

Employment Appeal / Application for Permission to Appeal to Court of Appeal

Legal Issues

  1. 1 Whether Mr Evans was subjected to a detriment and constructively dismissed for making a protected disclosure under the Employment Rights Act 1996
  2. 2 Whether the disciplinary action was for making a disclosure or for independent misconduct
  3. 3 Whether the Employment Appeal Tribunal erred in its analysis of the protected disclosure and causation

Ratio Decidendi

Permission to appeal is granted because there is a real prospect of success on the issue of whether the disciplinary action was for making a protected disclosure or for independent misconduct, which is of general public importance for the operation of whistleblower protections.

Court Disposition

permission to appeal granted

Orders

  • Application for permission to appeal is granted.
  • Liberty to apply for directions if parties do not agree to abide by the decision of the Court of Appeal.